Analysis of Regional Government Authority for Environmental Protection in the Gold Mining Sector in Luwu Regency
Dr. Muhammad Zulfan Hakim SH., MH
The study examines the shift in the authority of local governments in environmental protection and management in the gold mining sector. The issuance of Law Number 6 of 2023 concerning Job Creation and the latest amendments to the Mineral and Coal Mining Law have fundamentally changed the licensing and supervision architecture, for the sake of simplifying investment. However, this reform raises the question: to what extent is the authority of regional governments to protect the constitutional right of their citizens to a healthy environment now defined, or even reduced? By taking a case study on PT Masmindo Dwi Area, this study analyses the juridical implications of the regulatory changes on environmental justice at the regional level.
This study uses a normative legal methodology that combines a statutory approach and a case approach. The legislative approach is used to dissect the complexity and potential overlap between the new regulations and the authority of local governments. Meanwhile, the case approach examines how these new norms are implemented and what impact they have on the communities and ecosystems around the mining concession area.
This research will analyse how this centralistic and investment-oriented legal landscape impacts the protection and management of the environment in the region. This research aims to answer whether legal politics in the mining sector can strengthen or weaken environmental protection and management in the region. The results are expected to provide a critical evaluation of the role of local governments and offer recommendations to ensure that economic acceleration does not sacrifice ecological sustainability and social justice for communities, especially in the regions.